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Home My WebLink About930306.tiff RESOLUTION RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING SPECIAL REVIEW PERMIT #540 - NORTHERN COLORADO BRINE, C/O MIKE CERVI WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on April 12, 1993, a Probable Cause Hearing was held before the Board to consider setting a Show Cause Hearing to determine whether or not Northern Colorado Brine, c/o Mike Cervi, was in compliance with certain Operation Standards contained in Special Review Permit #540, and WHEREAS, the alleged violations were said to be occurring on property described as part of the NEt of Section 26, and part of the NWt of Section 25, all in Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, the Board, after hearing testimony from the Planning Department, finds that pursuant to the Standard in the Administrative Manual there is sufficient probable cause to schedule a Show Cause Hearing to consider whether or not the Special Review Permit issued to Northern Colorado Brine, c/o Mike Cervi, should be revoked for failure to comply with certain Operation Standards, and WHEREAS, the Board shall hear evidence and testimony from all interested parties at said Show Cause Hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not the Special Review Permit issued to Northern Colorado Brine, c/o Mike Cervi, should be revoked. BE IT FURTHER RESOLVED by the Board that the issue to be considered by the Board at said Show Cause Hearing is whether or not the permit holder is in compliance with the following Operation Standards: Operation Standard Number 1 states as follows: The use shall be an oil and gas brine water disposal and oil recovery facility as described in the submitted application materials. No hazardous wastes or nonhazardous industrial waste shall be allowed at the site. The facility shall be designed, constructed, and operated to comply with the Colorado Department of Health Solid Wastes Disposal Sites and Facilities Act, Title 30-20, Part 1, CRS 1973, as amended. 930306 SET SHOW CAUSE - NORTHERN COLORADO BRINE, C/O MIKE CERVI PAGE 2 Operation Standard Number 3 States: There shall be one (1) point of ingress and egress to the facility from Weld County Road 54. The point of access shall be located, designed and constructed in accordance with the submitted application materials and Use by Special Review Permit plan map. Operation Standard Number 7-A states: The four (4) evaporative ponds shall be engineer- designed and operated in accordance with the submitted application materials and Use by Special Review Permit plan map. Operation Standard Number 7-H states: A gauge height indicator shall be installed in the evaporation ponds. The gauge must clearly indicate the depth of brine water waste. Operation Standard Number 7-I states: The evaporation pond(s) shall be kept free and clear of oil skims. Operation Standard number 7-J states: An aeration system shall be installed and operated on the four evaporative ponds. In the event of an odor problem emanating from the ponds, an odor abatement program shall be instituted. Operation Standard Number 8-A states: The dump and skim tanks shall be engineer-designed in accordance with the submitted application materials and Use by Special Review Permit plan map. 930306 SET SHOW CAUSE - NORTHERN COLORADO BRINE, C/O MIKE CERVI PAGE 3 Operation Standard Number 15 states: The Use by Special Review shall be limited to the plans shown herein and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. Operation Standard Number 16 states: The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing shall be May 19, 1993, at or about 10:00 a.m. , and the hearing shall be held in the First Floor Hearing Room of the Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of April, A.D. , 1993. BOARD OF COUNTY COMMISSIONERS ATTEST: �� 7 WELD COUNTY, COLORADO Weld County Clerk to the Board q r e („K. Constance /L L. Ha beret, Chairman BY: 7/ Deputy Clerk to the B and W. /Webs er, P o-Tem APPROVED AS TO FORM: / ,--- George^'E. Baxte — (-6/ �1 /V . County A torney Dale K. Hall /Barbara J. Kirkrheyer 930306 PROBABLE CAUSE DATE: April 12, 1993 CASE NUMBER: ZCH-97 and ZCH-98 USR NUMBER: USR-540 PROPERTY OWNER Northern Colorado Brine c/o Mike Cervi 10600 Weld County Road 54 Milliken, CO 80543 LEGAL DESCRIPTION: Part of the NE4 of Section 26, and part of the NW4 of Section 25, all in T5N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile east of State Highway 257 , south of and adjacent to Weld County Road 54. It is the opinion of the Department of Planning Services' staff that the following Standards , as approved for USR-540 are not in compliance: Operation Standards 1, 3, 6 , 7-A, 7-H, 7-I, 7-J, 8-A, 15, and 16. Operation Standard Number 1 states as follows: The use shall be an oil and gas brine water disposal and oil recovery facility as described in the submitted application materials. No hazardous wastes or nonhazardous industrial waste shall be allowed at the site. The facility shall be designed, constructed, and operated to comply with the Colorado Department of Health Solid Wastes Disposal Sites and Facilities Act, Title 30-20, Part 1, CRS 1973 , as amended. The use of the property has not been limited to oil and gas brine water disposal and oil recovery facility as described in the submitted application materials. The use of the property has not been limited to the oil and gas disposal and oil recovery facility as described in the submitted application materials. Nonhazardous waste from Monfort and other facilities have been disposed of at this site. The facility is being used for oil field equipment storage. Frac tanks, other than the two on site for pond skimming, are being stored on site. Materials other than brine water have been disposed of at the facility. (Receipt Numbers 40925 and 40862 indicate that motor oil and other materials were disposed of at the facility) . 930306 nainuniCie PROBABLE CAUSE, ZCH-97 ZCH-98 Northern Colorado Brine Page 2 - The depth of all ponds is not consistent with the application materials . The pond depth is not to exceed 5 feet (30 inches for freeboard, 6 inches for salt accumulation, and 24 inches for brine water) . The height of the approved pond berms has been raised and the 30 inches of free board has been exceeded. - Ponds do not comply with the minimum freeboard of 30 inches. Freeboard is a part of the 5 foot pond depth from the top of the pond liner (30 inches of freeboard, 6 inches of salt accumulation, and 24 inches of brine water) . - The facility is accepting more waste than it was designed for. The facility was designed for no more than 24,000 gallons (572 barrels) per day. The facility has received as much as 378,000 gallons (9,000 barrels) of brine water in one day. The facility was designed for a retention time of 72 hours within the skim tanks prior to the release into the ponds. Retention time of the brine water is as low as 4 to 6 hours with the amount of water that the facility has received. - Appropriate records have not been maintained on site. - Contaminated soils have been located on the property and not properly handled. Contaminated soils were placed on the ground without any barrier or liner. The facility received increased volumes of waste without first amending the approved emissions permit 90WE161. The facility has been cited for odor violations (2.1.2 of Solid Waste Regulations) . Seven odor violations have been issued. Operation Standard Number 3 States: There shall be one (1) point of ingress and egress to the facility from Weld County Road 54. The point of access shall be located, designed and constructed in accordance with the submitted application materials and Use by Special Review Permit Plan Map. There is more than one access to the facility other than the one off Weld County Road 54. A new access gate has been constructed on the south side of the facility. This new access is not an approved access and is not located, designed or constructed in accordance with the submitted application materials and the Use by Special Review permit Plan Map. 940056 PROBABLE CAUSE, ZCH-97 ZCH-98 Northern Colorado Brine Page 3 Operation Standard Number 6 states: A six (6) foot chain link fence with three (3) strand barbed wire top shall enclose the Use by Special Review area. The facility is not enclosed with a (6) foot chain link fence with three (3) strand barbed wire top. A portion of the fence has not been installed on the south side of the facility as approved. An additional access has been installed. Operation Standard Number 7-A states: The four (4) evaporative ponds shall be engineer-designed and operated in accordance with the submitted application materials and Use by Special Review Permit Plan Map. All evaporative ponds have not been constructed in accordance with the submitted application materials and Use by Special Review Permit Plan Map. The size of the last pond constructed, was not constructed in compliance with the submitted application materials (30 inches for freeboard, 6 inches for salt accumulation, and 24 inches for brine water) . Operation Standard Number 7-H states: A gauge height indicator shall be installed in the evaporation ponds. The gauge must clearly indicate the depth of brine water waste. The gauge height indicators that have been installed do not accurately and clearly indicate the depth of the brine water waste. The gauge height indicators as installed only indicate a change in the surface elevation of the brine water waste, not the depth of the brine water waste in relation the top of the pond liner. Operation Standard Number 7-I states: The evaporation pond(s) shall be kept free and clear of oil skims. - All ponds are not kept free and clear of oil skims. Pond C is being used as a skim tank rather than an evaporation pond. 9/0156 PROBABLE CAUSE, ZCH-97 ZCH-98 Northern Colorado Brine Page 4 Operation Standard number 7-J states: An aeration system shall be installed and operated on the four evaporative ponds . In the event of an odor problem emanating from the ponds, an odor abatement program shall be instituted. An approved aeration system has not been installed on all ponds and an odor abatement program has not been submitted for review or instituted to eliminate the odor problem. Seven odor violations have been issued by the Weld County Health ➢epartment. Operation Standard Number 8-A states: The dump and skim tanks shall be engineer-designed in accordance with the submitted application materials and Use by Special Review Permit Plan Map. The application material states that the skim tanks are to be designed to have a minimum retention time of 72 hours. Due to the size and design of the existing skim facility, and the amount of water received, the retention time of the brine water was between 4 to 6 hours. Operation Standard Number 15 states: The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. The Use by Special Review site has not been limited to the plans shown and is not in compliance with all applicable Weld County Regulations. The Use by Special Review site is not in compliance with all Development Standards and all applicable Weld County Regulations and amendments to the approved plans have not been applied for. 940056 PROBABLE CAUSE, ZCH-97 ZCH-98 Northern Colorado Brine Page 5 Operation Standard Number 16 states: The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. The property owner and/or operator of this operation has not maintained compliance with all operation standards. The Department of Planning Services' staff requests that the Board of County Commissioners find sufficient evidence of Probable Cause and schedule a Show Cause Hearing on May 19, 1993, to further review this case. The Department of Planning Services' staff further requests the Board of County Commissioners authorize the County Surveyor to determine the elevations of the berms around the northwest pond, the north central pond, the southwest pond, and the southeast pond, prior to May 19, 1993. 940056 INSPECTION REPORT NAME: Northern Colorado Brine c/o Mike Cervi 10600 Weld County Road 54 Milliken, CO 80543 LEGAL DESCRIPTION: Part of the NE4 of Section 26, and part of the NW4 of Section 25, all in T5N, R67W of the 6th P.M. , Weld County, Colorado. CASE NUMBER: USR-540 ZCH-97 ZCH-98 DATE: April 10, 1993 The property was reinspected after reviewing the resolution approving this special review permit USR-540. It was determined during this inspection that the following operation standards are not in compliance: Operation Standards 1, 3, 6, 7-A, 7-H, 7-I, 7-J, 8-A, 15, and 16. Operation Standard Number 1 states : The use shall be an oil and gas brine water disposal and oil recovery facility as described in the submitted application materials. No hazardous wastes or nonhazardous industrial waste shall be allowed at the site. The facility shall be designed, constructed, and operated to comply with the Colorado Department of Health Solid Wastes Disposal Sites and Facilities Act, Title 30-20, Part 1, CRS 1973, as amended. The use of the property has not been limited to oil and gas brine water disposal and oil recovery facility as described in the submitted application materials. The facility is being used for oil field equipment storage. Frac tanks, other than the two on site for pond skimming, are being stored on site. The depth of all ponds is not consistent with the application materials. The pond depth is not to exceed 5 feet (30 inches for freeboard, 6 inches for salt accumulation, and 24 inches for brine water) . The depth of the last pond constructed is approximately 10 feet in depth. - The height of the approved pond berms has been raised and the 30 inches of free board has been exceeded. Dirt materials have been added to the top of the berm on the southeast pond and on the northwest pond. Approximately 12 inches were added to the berm on the south side of the southeast pond. 940055 INSPECTION REPORT, ZCH-97 ZCH-98 Northern Colorado Brine Page 2 Ponds do not comply with the minimum freeboard of 30 inches. Freeboard is a part of the 5 foot pond depth from the top of the pond liner (30 inches of freeboard, 6 inches of salt accumulation, and 24 inches of brine water) . The water height of the northwest pond, the southwest pond and the north central pond, exceed the minimum freeboard limits. The method used to measure the freeboard, was to place a stick at the water edge then sight across the top of the berm, to the berm on the opposite side of the pond and noting the location on the stick. The stick was then measured to determine the distance from the top of the berm to the top of the water. The distance was 18 inches on the northwest pond, 24 inches on the southwest pond, and 20 inches on the north central pond. The other ponds were not measured because it appeared that there was a minimum of 30 inches from the top of the berms to the top of the water level. Due to the fact that the height of the berms were raised, the actual freeboard could not be determined. The best way to determine the freeboard would be to have an engineer conduct an investigation of the actual elevation of the existing berms and compare that with the actual elevation of the pond floor at the time of construction. The facility was designed for a retention time of 72 hours within the skim tanks prior to the release of the brine water into the ponds. Brine water is being placed in the southwest pond prior to being retained in the skim tanks for the required 72 hours. The southwest pond is being used for a skim tank without proper approval. The pond was not designed or constructed as a skim tank. Appropriate records have not been maintained on site. Records that are being kept are not accurate and do not reflect the proper dates. Contaminated soils were observed on site improperly handled. Contaminated soils were placed on the ground without any barrier or liner. Operation Standard Number 3 states: There shall be one (1) point of ingress and egress to the facility from Weld County Road 54. The point of access shall be located, designed and constructed in accordance with the submitted application materials and Use by Special Review Permit Plan Map. There is more than one access to the facility other than the one off Weld County Road 54. A new access gate has been constructed on the south side of the facility. This new access is not an approved access and is not located, designed or constructed in accordance with the submitted application materials and the Use by Special Review Permit Plan Map. 940056 INSPECTION REPORT, ZCH-97 ZCH-98 Northern Colorado Brine Page 3 Operation Standard Number 6 states: A six (6) foot chain link fence with three (3) strand barbed wire top shall enclose the Use by Special Review area. The facility is not enclosed with a (6) foot chain link fence with three (3) strand barbed wire top. A portion of the fence has not been installed on the south side of the facility as approved. An additional access has been installed. Operation Standard Number 7-A states: The four (4) evaporative ponds shall be engineer-designed and operated in accordance with the submitted application materials and Use by Special Review Permit Plan Map. All evaporative ponds have not been constructed in accordance with the submitted application materials and Use by Special Review Permit Plan Map. The size of the last pond constructed, was not constructed in compliance with the submitted application materials (30 inches for freeboard, 6 inches for salt accumulation, and 24 inches for brine water) . Operation Standard Number 7-H states: A gauge height indicator shall be installed in the evaporation ponds. The gauge must clearly indicate the depth of brine water waste. The gauge height indicators that have been installed do not accurately and clearly indicate the depth of the brine water waste. The gauge height indicators that were installed on four of the ponds are plastic pipe placed inside a five gallon bucket with concrete. The bar graph was marked on the pipe by measuring from the bottom of the bucket. The buckets were then placed in the ponds without consideration of the actual pond floor elevation and will not provide an accurate measure of the actual amount of freeboard or pond depth from the pond floor as constructed to the top of the water level. Salt accumulation, siltation and the slope of the pond floor were not taken into consideration. Additionally, measuring devices were not readable due to pond skim obscuring the measuring marks. 940056 INSPECTION REPORT, ZCH-97 ZCH-98 Northern Colorado Brine Page 4 Operation Standard Number 7-I states: The evaporation pond(s) shall be kept free and clear of oil skims. All ponds are not kept free and clear of oil skims. Vac trucks were in the process of removing oil skims from the northwest pond and the north central pond. Oil skim covered approximately 50% of the southwest pond and approximately 20% of the southeast pond. The southwest pond is being used for a skim tank. The thickness of the skim was approximately 5 inches and would cover most of the pond had the wind not been blowing so much and the temperature not been so cold. Operation Standard number 7-J states: An aeration system shall be installed and operated on the four evaporative ponds. In the event of an odor problem emanating from the ponds, an odor abatement program shall be instituted. The approved aeration system has not been installed on all ponds and an odor abatement program has not been submitted for review or instituted to eliminate the odor problem. Seven odor violations have been issued by the Weld County Health Department. An unauthorized sprayer has been used on the southeast pond. No information has been submitted to the Department of Planning Services staff for review of this sprayer. Operation Standard Number 8-A states: The dump and skim tanks shall be engineer-designed in accordance with the submitted application materials and Use by Special Review Permit Plan Map. The application material states that the skim tanks are to be designed to have a minimum retention time of 72 hours. Due to the size and design of the existing skim facility, and the amount of water received, the retention time of the brine water was between 4 to 6 hours. The southwest pond is being used as a skim tank. This pond was not engineer-designed as a skim tank in accordance with the submitted application materials and is not shown as a skim tank on the approved Use by Special Review Permit Plan Map. 940056 INSPECTION REPORT, ZCH-97 ZCH-98 Northern Colorado Brine Page 5 Operation Standard Number 15 states: The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. The Use by Special Review site has not been limited to the plans shown and is not in compliance with all applicable Weld County Regulations. The Use by Special Review site is not in compliance with all Development Standards and all applicable Weld County Regulations and an amendment to the approved plans have not been applied for. Operation Standard Number 16 states: The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. - The property owner and/or operator of this operation has not maintained compliance with all operation standards. A video of the property was filmed. Additional comments: Wave action on the northeast pond has eroded portions of the pond berm. 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